Kentucky Hospital Association asks to join lawsuit defending certificate of need law

The Kentucky Hospital Association wants to join a lawsuit protecting the state's certificate of need law, according to court documents obtained by Bloomberg Law.

Dipendra Tiwari and Kishor Sapkota, who own Grace Home Care agency, filed a lawsuit challenging the law's constitutionality in December. They allege that the certificate of need law violates the 14th Amendment's due process clause, because it denied them the right to make a living. The suit also says the law violates the equal protection clause and privileges or immunities clause of the amendment. 

Grace Home Care seeks a ruling that the law is unconstitutional and wants to prohibit the state from enforcing certificate of need statutes and regulations. It is hoping to operate a home health agency in Kentucky's Jefferson County Kentucky without receiving a certificate of need. 

The state association, which comprises hospitals that operate home health agencies, is asking a judge to allow them to be defendants in the case because they "stand to be directly impacted by this court's ultimate decision as to the constitutionality of Kentucky’s CON program," the motion to intervene states. 

Access the court documents here

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